Handal et al v. Center for Employment Training et al

Filing 131

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 10/1/2019 APPROVING 129 Stipulation with the following clarification: 7 Amended Complaint and all remaining claims not previously dismissed, are hereby DISMISSED with prejudi ce, except that the claims Stearns brought on behalf of the government are DISMISSED without prejudice. The court ACCEPTS the parties stipulation that the agreed resolution comports with the provisions of California Government Code sections 12652(c)(1) and (g)(3). CASE CLOSED. (Huang, H)

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Clayeo C. Arnold, SBN 65070 Anthony M. Ontiveros, SBN 152758 Clayeo C. Arnold, A Professional Law Corporation 865 Howe Avenue Sacramento, CA 95825 Telephone: (916) 777-7777 Facsimile: (916) 924-1829 Attorneys for Plaintiffs Kathleen M. Rhoads (SBN: 144466) Gordon Rees Scully Mansukhani, LLP 3 Parkcenter Drive, Suite 200 Sacramento, CA 95825 Telephone: (916) 565-2900 Facsimile: (916) 920-4402 Larry S. Gondelman (District of Columbia SBN: 950691) Powers Pyles Sutter & Verville PC 1501 M Street, NW, Seventh Floor Washington, DC 20005 Telephone: (202) 466-6550 Facsimile: (202) 785-1756 Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA United States of America and State of California, ex rel. Rebecca Handal, et al., Case No.: 2:13-cv-1697 KJM KJN Plaintiffs, vs. STIPULATION OF DISMISSAL Center For Employment Training, Defendant. WHEREAS, this Stipulation of Dismissal (“Stipulation”) is entered into by and among plaintiffs Rebecca Handal, Dina Dominguez, and Elicia Fernandez (“Relators” or “Plaintiffs”), 1 and defendant Center for Employment Training (“CET” or “Defendant”), by their respective authorized representatives (collectively, “Parties”); and WHEREAS, on August 16, 2013, Relators and Christine Stearns (“Stearns”) filed a qui tam complaint against CET and various individuals, pursuant to the qui tam provisions of the False Claims Act, 31 U.S.C. §§ 3729 et seq. (the “FCA”) and the California False Claims Act, Cal. Gov. Code, §§ 12650 et seq (the “CFCA”); and WHEREAS, on March 26, 2014, Relators and Stearns filed a First Amended Complaint pursuant to the FCA and CFCA as well as individual claims pursuant to Cal. Civ. Code, §§ 1709-1710 and various common law claims; and WHEREAS, both the United States and the State of California declined to intervene in the FCA and CFCA claims; and WHEREAS, Stearns has voluntarily withdrawn from the case; and WHEREAS, on September 12, 2019, the Court entered an Order pursuant to which Christine Stearns was dismissed, with prejudice, from this action in her individual capacity as relator. This dismissal did not constitute dismissal of claims brought by Stearns on behalf of the government; and WHEREAS, CET denies that there is any factual or legal basis for Relators’ claims; and WHEREAS, the Parties have reached a mutually-agreeable resolution addressing the claims asserted against CET; and 2 WHEREAS the United States and the State of California have no objection to the dismissal of the First Amended Complaint with prejudice; THE PARTIES HEREBY STIPULATE that the First Amended Complaint is dismissed with prejudice. Respectfully submitted, /s/________________ Anthony M. Ontiveros Clayeo C. Arnold, A Professional Law Corporation 865 Howe Avenue Sacramento, CA 95825 Telephone: (916) 777-7777 Attorneys for Plaintiffs /s/__________________ Larry S. Gondelman Powers Pyles Sutter & Verville PC 1501 M Street, NW, Seventh Floor Washington, DC 20005 Telephone: (202) 466-6550 Attorneys for Defendant ORDER THE COURT APPROVES THE PARTIES’ STIPULATION with the following clarification: The First Amended Complaint, and all remaining claims not previously dismissed, are hereby dismissed with prejudice, except that the claims Stearns brought on behalf of the government are dismissed without prejudice. See ECF 127. The court accepts the parties stipulation that the agreed resolution comports with the provisions of California Government Code sections 12652(c)(1) and (g)(3). SO, ORDERED. DATED: October 1, 2019. 3 UNITED STATES DISTRICT JUDGE

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